How do you handle police at the front door?

[glenmoor_guard]

Hi all. Best wishes for a great holiday season.

I had a new experience this week. A cop at the front door inquiring if I was driving a car with this licence plate earlier in the day. Someone saw me staggering into my car and called me in as a drunk driver. Luckily I wasn't in the car when the cop talked to me. I can't pass a field sobriety test except for the breathalyzer. Passing that but failing to walk a straight line will earn me a DUI in my home town.

What recourse do I have? Is there any way to avoid an arrest in this situation? I don't think I can survive it even if it never comes to trial.

That day was particularly unsteady - a tough dental appointment followed by shopping in a big store. Where's a bench when you really need one.

Thanks for listening & sharing your wisdom. Glenn.

[heliotrope]

Might resort to the get-onto-the-plane-with-my-medication solution. Doctor's letter?
If you know of someone in town government, it might be a good thing to talk about. I can't imagine they'd want a lawsuit - and I'd bet this would earn them one.

[salamandertom]

I agree with the above post. I would start talking about the americans with disabilities act and how they are discriminating against one. (I am not actually sure that that act actually pertains here, but it sounds good!)

Good question. Was this an officer local to you, on a department in your municipality?

As in Ohio (my state) A DUI charge can be prosecuted based on officer observations alone, without evidence of blood alcohol content or drug test results. An experienced officer should be able to differentiate between an individual suffering from physical disabilities and not showing mental impairment from an individual with alcohol on his breath, inability to recite the alphabet, etc. The officer has reasonable suspicion to investigate the complaint, and you have the obligation to be truthful with him/her. That does not mean you need to roll out the welcome mat, though. Reasonable suspicion is a lesser standard of proof than probable cause. That means in court, reasonable suspicion is not grounds to effect an arrest. It allows further investigation and can lead to probable cause, but probable cause is grounds to make an arrest. Reasonable suspicion only goes so far in conducting an investigation, and one person's account of what they saw does not constitute evidence. It is merely a foot in the door to let the officer speak with you to see if there are grounds to proceed further.

If it were me, I would explain my disability to the officer, thank him for investigating a potential DUI, and agree to take a breath test if asked. If the officer chooses to arrest you with no other evidence of impairment, he is risking a dressing down in court for lack of probable cause and had better be able to articulate the difference between impairment from drugs/alcohol and impairment from physical disability.

If I were you, I would call my city or county prosecutor's office and ask them the same question you have posed to this board. I would also familiarize my local police department with who I am, what I drive, and what MS symptoms can look like. No cop worth their salt wants to waste time chasing a non-violation or harassing people with a disability.

[DancingPhalanges]

I would get a letter from your doctor and maybe keep it with your registration?

[Tomjadg]

No way should you be arrested for not walking straight.
I wouldn't pass either.

There are other tests that can be used, and carry a card or letter in your car with you.

Most cops are trained to know the difference.

[jamilea]

I saw a program on television the other day. It was talking about how police are starting to be trained on how to handle people with Down Syndrome. I imagine there is some training for sensitivity somewhere in there. Doesn't the MS organizations have some sort of a panel of people that can travel to teach the same principles for people that have Multiple Sclerosis?

I know it doesn't add a whole bunch to your questions. Sorry this has happened to you. I hope you make a really big statement in fighting for your rights.

Best Wishes!

[mjan]

Wow sorry for what you are going through. Many of us could not pass a sobriety test except the blood/and or breathylizer tests.

Yes carry a letter from your doc explaining your balance and walking issues may help. Why don't you apply for a disablity license tag too?

BUT the police must investigate or rule it out. AND if you still get a citation you can clear this up in court..sad but true.

Best to you~ Jan

[Redwings]

Bummer. There may be no way to avoid a breathalizer. Even if you have a doctor's letter that explains your condition, the police have no other way of determining whether a person only has MS or whether a person with MS is also driving while intoxicated.

Unsafe driving is still unsafe driving no matter what caused it. Intoxication from legal prescription drugs is no less dangerous or excusable than intoxication from illegal drugs. Unsafe (or "unsteady") driving from MS and a tough dental appointment followed by shopping in a big store is no less dangerous or excusable than unsafe driving from any other cause. Health problems might be an explanation, but they're not an excuse for unsafe driving. The police are still obligated to investigate.

To use an extreme example, years ago an 86-year-old man plowed his car through barricades and ran his car through a farmer's market on closed city streets here in California. In less than 20 seconds, he killed 10 people and injured 63 more. Would you really say, "He wasn't drunk, he's just old, so it's OK. Let's all just forget about it."? Would you say, "He couldn't control his car well enough to keep it inside his own lane or drive within the speed limit, but he wasn't drunk, he only has MS, so it's OK."?

We probably all have days when our driving is not at its best. We have to start by "policing" ourselves. Beyond that, there may not be any way to avoid being questioned, tested, ticketed or arrested by the police if our driving raises enough suspicion for them to legally do so. Arrest without legal cause is a different matter.

[Hawkeye]

I carry a paper card that I laminated in my wallet that came from the National MS Society.

It says:
"TO ALL LAW ENFORCEMENT PERSONNEL- The bearer of this card (your name) has Multiple Sclerosis, a disease of the central nervous system that may cause lack of muscular co-ordination, erratic walk, and may at times appear to be under the influence of alcohol.
We would greatly appreciate your consideration of the bearer, and your assisance if needed."

The flip side has a bullet point list of ten symptoms entitled "Some Common Symptoms of MS"

I've never had to present it, but there have been days I felt so wobbly and "foggy" that I was glad to have it.

Hawkeye

[kebsa]

i agree with the statement that unsafe driving is unsafe driving but walking unsteady to a car does not mean you cannot safely and correctly drive a car, many disabilities fall into that catogory- here in south australia, if you have a health problem that may impact on your driving your doctor is meant to refer you to motor registration authority (suspend your liscence if saftey is in question) and they take you through a practical on road assessment- i went through this when i lost my right leg and had to drive with a left foot gas pedal instead or right- passed and no problem! then came MS and a wobbly left leg, this time i voluntarily went back to them fo assessment as i need to drive with hand controls, i passed the test and now my liscence is endorsed with the fact i have been assessed and passed and what modifications i need

the only problem with our system is some doctors are too wimpy to send the patient back for a drivers assessment but if we are being considerate drivers we will still follow through and make sure we have been deemed safe- i rather do it now than take the risk of having an accident and then either hurting/killing someone or having my insurance say they will not cover me because i have not made full disclosure of somthing that may affect my ability to drive-now i am covered!

we had a case her some years back where and older man lost control and ploughed through a wall around a pre school (kindergarten) and the car landed on a group of under 2 yr olds- 2 girls were severely burned and one was not expected to live- she lost limbs and required skin grafts to much of her body- the driver was not harmed in the accident but the little girl comes up in the press every time another milestone in life is passed and i actually feel for that man- at the time it happened he was the most hated driver in the land i think and if he is still alive it must be a dagger in his heart every time he is taken back to that day- its horribel to have your licsence suspended but it would be far worse to be in a situation like this

there should be some way you can prove to the officials that medically you are still able to drive safely and have this documented so that when so good citizen is trying to do the best for the community if they think they see someone driving under the effect of alcohol, the police can do what they have too but not cause distress to a person with a physical disabilty- i do realize it is distressing and frustrating to know that people make assumptions about a person being either drunk or on drugs instead of having a medical condition

[tejokid]

If your walking is unstable enough to set off alarms in people who fear you are too loop-legged to drive, then you are also unstable enough that you require an assistive device to walk. A wobbly somebody is perceived as drunk; a wobbly somebody who is using a cane, forearm crutch or walker is perceived as disabled.

It's difficult to surrender to the need for walking aids. What will people think, will I be pitied, it's like giving in, I should be strong enough without it--on and on. Obviously, what people think now is that you're a staggering drunk who has no business driving. Wouldn't it be less painful for them to think you simply have a mobility problem?

Getting disability plates is a good idea because it reduces the amount of wobble time at your destinations. Getting the MS card and the doctor's letter to explain your condition are also good ideas. You might also consider a trip to the police department to talk to someone in administration once you have the doctor's letter in hand--after all, you're already on their radar, and being proactive is to your benefit. (And take your new cane with you when you go!) Do not just talk to a receptionist or dispatcher--you need to talk to someone in the upper echelons of the department. Explain about the officer coming to your door, your lack of impairment in driving, and the steps you have already taken to prevent a repeat of the situation. Then ask what other ideas they might have to help you achieve that goal so you can save yourself problems and not waste their department's time.

The police might have tips or they might not. But one-on-one face time with someone will serve you well. You can ask the person you talk to, should something similar arise, if you could refer the officer to that official as being someone familiar with your situation. If you present yourself as someone who is interested in being the best driver possible and as someone who really wants to not be another problem they have to deal with, you'll find the police are allies.

[Scooter24]

I have now been stopped twice for the same thing, both times an officer saw me walk out of someplace and saw me stagger, I carry a ltr from my Nuero stating that I have MS and and how it could make me appear to be intoxicated or on drgs and gives alist of problems which may show such as lack of balance, slurred or distroted speech, trouble walking etc.
The problem being here in NC is even if they take you in and you submit to breathalyzer and blood test and they let you go, you vehicle has still been towed, now you need to get it out, get to it and fight to try to get towing and impound charges back from the agency that had it towed. Have fun with that. Luckily both times the officer accepted the ltr but the second time he didn't want to know anything about it until he said he was going to take me in and I asked for a superviser.

[heliotrope]

Reading through everyone's comments, I have to pose a question: what can we do to change this? Admittedly, there is always going to be a case where the officers have grounds to and should be pulling aside someone with MS, but the rest of us don't deserve the embarassment or extra cost.
Ideas?

[Cindarelly]

I want that card that Hawkeye has I am calling Monday to get one. I have really gotten a lot worse (cog fog) I have worried alot about what I would do if stopped by an officer.
I do make sure I keep my handicap sticker in my glove box to pull out and a cane by my side.. even if I don't use it.
Just in case. I have also felt this would help if I was in a wreck and needed assistance.
It would maybe stand to show them someone Might need help more than "the "standard normal" if you get what I mean.
But if I got nervous I don't think I could do the abc's the front way's .. on a good day.
It has always scared me that if asked to one way or the other Ooops there goes the dL..
But that card might avert that